Dispute with local authority re care fees

Discussion in 'Legal and financial issues' started by Little Sunshine, Oct 12, 2018.

  1. Little Sunshine

    Little Sunshine New member

    Feb 2, 2018
    7
    Has anyone managed to successfully argue that a person’s share in a property (in this instance a two third share, with daughter owning one third share) has a nominal value and therefore should makes no difference to the financial assessment for the purpose of care home fees?
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    16,444
    Male
    North Manchester
    I think everybody is waiting to read of a court case, CA 2014 removed wording suggesting it was possible.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    7,594
    Female
    South coast
    I think it used to be possible under the old CRAG rules, but they changed in 2015.
     
  4. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,593
    Salford
    As has ben said (but with a bit of jargon used) under the old rules (CRAG) Charging for Residential Accommodation Guide the case was successfully used that as the home's value was the market rate then you'd have to value the ownership of part ownership, as no one wants to buy part of a house then it's market value is zero so it wasn't counted.
    That changed when the 2014 Care Act came into force on the 1st April 2015 and now the figure used is their share of the market value disregarding the nature of the ownership.
    People on here have in the past used this argument but that was then and now is now. Some "Inheritance Protection" companies are still telling people to put a part of their home into someone else's name is a way to avoid care home fees, it isn't.
    K
     
  5. AliceA

    AliceA Registered User

    May 27, 2016
    1,001
    I really feel we need very clear rules. We also need a cap on fees, this was hoped to mean insurance companies would offer policies. We also need local authorities to look after all residents so everyone paid the same in a home whether self funded or council funded. We need well trained and paid Carers, a career route for for a complex job. OK I know I am talking to myself but as the t shirt said at least one person is listening:)
    If I were rich with a legal background ....................

    It all seems so unjust.
     
  6. Little Sunshine

    Little Sunshine New member

    Feb 2, 2018
    7
    I agree!
     

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